HomeMy WebLinkAbout2026-01-21; Planning Commission; Resolution 7565
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
AND HABITAT MANAGEMENT PLAN PERMIT TO CONSTRUCT ROADWAY,
BIKEWAY, AND PEDESTRIAN IMPROVEMENTS ALONG AN
APPROXIMATELY ONE-MILE SEGMENT OF AVENIDA ENCINAS FROM
PALOMAR AIRPORT ROAD TO SOUTH OF THE POINSETTIA COASTER
STATION ENTRANCE IN LOCAL FACILITIES MANAGEMENT ZONES 3 AND
22.
CASE NAME: AVENIDA ENCINAS COASTAL RAIL TRAIL AND
PEDESTRIAN IMPROVEMENTS PROJECT
CASE NO: CDP 2024-0010/HMP 2024-0009 (PUB2023-0015)
WHEREAS, City of Carlsbad, “Developer,” has filed a verified application to propose roadway,
bikeway and pedestrian improvements in the right-of-way of Avenida Encinas and a portion of adjacent
property identified by Assessor’s Parcel Numbers 214-031-09, 214-031-03, and 214-031-10 (“the
Property”); and
WHEREAS, an Initial Study/Mitigated Negative Declaration (IS/MND) (State Clearinghouse No.
2025100839) was prepared in conjunction with said project, reviewed and adopted consistent with the
findings in the Planning Commission Resolution; and
WHEREAS, the IS/MND and Mitigation Monitoring and Reporting Program are incorporated
herein by reference as Attachment “A” of Planning Commission Resolution No.7565 and on file in the
Carlsbad Planning Division; and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit and
Habitat Management Plan Permit as shown on Exhibits “A” – “AT” dated Jan. 21, 2026, on file in the
Carlsbad Planning Division, CDP 2024-0010/HMP 2024-0009 - AVENIDA ENCINAS COASTAL RAIL TRAIL
AND PEDESTRIAN IMPROVEMENTS PROJECT, as provided in Chapter 21.201 and Chapter 21.210 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on Jan. 21, 2026, hold a duly noticed public hearing as
prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 7565
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Commission considered all factors relating to CDP 2024-0010
and HMP 2024-0009.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad,
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2024-0010/HMP 2024-0009 - AVENIDA ENCINAS COASTAL RAIL TRAIL AND
PEDESTRIAN IMPROVEMENTS PROJECT, based on the following findings and subject to
the following conditions:
Findings:
CDP 2024-0010
1. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program and applicable policies as the following demonstrates:
a. The project is consistent with Local Coastal Program land use policies, which identify
the project area as either right of way or, for the small undeveloped portion of the
project where minor grading and drainage improvements are proposed, designate it as
Planned Industrial/Office (PI/O).
b. The project is consistent with agricultural policies since it will not convert agricultural
land or impact agricultural activities.
c. The project is not in an area of known geological instability or flood hazard.
d. The project will not disrupt areas of Environmentally Sensitive Habitat Area (ESHA).
Moreover, indirect impacts to ESHA will be avoided through compliance with the
Habitat Management Plan Adjacency Standards.
e. The project is consistent with the city’s Scenic Corridor Guidelines, will not create a new
source of substantial light or glare and will greatly improve the overall visual quality of
the area. The project will use low-profile, “see through” fencing (cable post and railing
fencing or lodge pole fencing, both no more than four feet high) where necessary, such
as for fall protection, to further minimize visual impacts.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project will enhance public access in the Coastal Zone overall through its
complete street improvements benefiting all modes of transportation, including transit users.
Further, the project will complete a segment of the regional Coastal Rail Trail.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional
Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes are located on the subject property and the site is not located in an area
prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. The project
proposes relatively minor impacts to native habitats occurring along and adjacent to Avenida
Encinas; however, these areas are disturbed, and the project will propose no impacts to ESHA
and will comply with the Habitat Management Plan, including those conservation standards
that apply to properties in the Coastal Zone.
4. A portion of the project is in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990; however, Agricultural Conversion Mitigation Fees are not
required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter
21.202 of the Zoning Ordinance) as the minor grading and drainage improvements proposed on
land subject to the overlay zone would not be considered “urban uses” as defined in Section
21.202.020.
5. The project is not between the sea and the first public road parallel to the sea and therefore, is
not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204
of the Zoning Ordinance)
HMP 2024-0009
6. That the project area is shown in Figure 28 of the approved Habitat Management Plan (HMP) as
“development area.”
7. That authorization to impact 0.03 acre of southern willow scrub, 0.33 acre of Diegan coastal sage
scrub, and 0.11 acre of non-native grassland is subject to continuous compliance with all
provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad
(HMP).
8. That authorization to impact sensitive habitats is subject to continuous compliance with all
mitigation measures as stated in the Mitigation Monitoring and Reporting Program as provided
in Exhibit 1 Attachment A to the Jan. 21, 2026, staff report, incorporated herein by reference.
9. That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final
Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered
Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area
(SCH No. 93121073).
10. That all impacts to habitat will be incidental to otherwise lawful activities related to construction
and operation of the CDP2024-0010 and HMP2024-0009 – AVENIDA ENCINAS COASTAL RAIL
TRAIL AND PEDESTRIAN IMPROVEMENTS PROJECT.
11. That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the
project has been designed to minimize direct and indirect impacts to sensitive plant and animal
species by:
a. Requiring through mitigation no clearing of any occupied gnatcatcher habitat during
breeding season (March 1 to August 15)
b. Avoiding and minimizing to the extent feasible impacts to Diegan coastal sage scrub by
confining impacts to narrow strips of habitat immediately alongside Avenida Encinas
and requiring through mitigation no net loss of sensitive habitat
c. Implementing current construction best management practices (BMPs) to control
indirect impacts (e.g. dust, erosion) to vegetation communities
d. Revegetating areas of temporary disturbance with native vegetation
e. Adhering to the HMP’s Adjacency Standards
12. That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the HMP
Implementing Agreement.
13. That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public.
14. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space, Conservation, and Recreation Element of the
city’s General Plan which provides for the realization of the social, economic, aesthetic and
environmental benefits from the preservation of open space within an increasingly urban
environment. Moreover, each new development will contribute to the need for additional
regional infrastructure that, in turn, will adversely impact species and habitats.
15. General
16. The project, as conditioned herein, is in conformance with the General Plan, including its goals
and policies, as demonstrated below:
f. The project implements Land Use and Community Design Element Policy 2-P.48
(“Enhance walkability on a citywide scale by installing benches and transit shelters and
adding landscaping, wayfinding signage, public art, and pedestrian-scaled lighting.
Consider ways to improve rail and freeway overpass/underpass areas, with lighting,
sidewalk improvements and public art”) through traffic calming measures, including
raised landscaped medians and parkways, pedestrian median passageways with
flashing beacons, and enhanced pedestrian and bicycle and transit user facilities.
g. The project implements Mobility Element Goal 3-G.1 (“Keep Carlsbad moving with
livable streets that provide a safe, balanced, cost-effective, multi-modal transportation
system (vehicles, pedestrians, bikes, transit), accommodating the mobility needs of all
community members, including children, the elderly and the disabled”) in that project
would provide improvements to support pedestrian and bicycle transport for all
community members, including new street lighting, sidewalks and bicycle lanes.
Proposed facilities would be designed in accordance with applicable city standards and
to comply with Americans with Disabilities Act requirements and would provide
improved access to and from the Poinsettia Coaster Station.
h. The project implements Mobility Element Policy 3-P.25 (“Implement the projects
recommended in the pedestrian, trails, and bicycle master plans through the city’s
capital improvement program, private development conditions and other appropriate
mechanisms”) as its bikeway and sidewalk components are identified as Trail Segment
10B, Coastal Rail Trail Reach 5, in the Trails Master Plan.
i. The project implements Open Space, Conservation, and Recreation Element Goal 4-G.3
(“Protect environmentally sensitive lands, wildlife habitats, and rate, threatened or
endangered plant and animal communities”) in that the project avoids and minimizes
to the extent feasible impacts to Diegan coastal sage scrub by confining impacts to
narrow strips of habitat immediately alongside Avenida Encinas; further, impacts to all
sensitive habitat and species would be fully mitigated with implementation of project-
specific biological measures.
j. The project implements Sustainability Element Goal 9-G.2 (“Undertake initiatives to
enhance sustainability by reducing the community’s GHG emissions and fostering green
development patterns—including buildings, sites, and landscapes”) by providing
uniform and complete bicycle and pedestrian access along Avenida Encinas and to and
from the Poinsettia Coaster Station, all of which would reduce reliance on motorized
vehicles and in turn reduce regional greenhouse gas emissions.
17. Project improvements are consistent with the goals and objectives of the city’s Trails Master
Plan as demonstrated below:
k. Goal 1: Create a Connected and Complete Trails System. This goal features an objective
to “complete trail segments that close gas in the current trails system.” The project
would complete large gaps in the current bike lane and sidewalk infrastructure along
Avenida Encinas.
l. Goal 4: Integrate Transportation Related Facilities as Part of the Trails System. This goal
and its objective encourage use of “on-road” bicycle facilities to be a part of the trail
system as a way to encourage activity and alternative transportation opportunities. The
project’s Class II bike lanes are an on-road facility.
18. The project would be consistent with the city’s Sustainable Mobility Plan in that it implements
the plan’s recommendations for an interim alignment for the Coastal Rail Trail, which includes
Class II bike lanes as the project proposes.
19. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plans for Zones 3 and 22, and all other city public policies and ordinances.
20. The project is consistent with the city’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
Conditions:
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to commencement of
construction.
1. Approval is granted for CDP2024-0010 and HMP2024-0009 – AVENIDA ENCINAS COASTAL RAIL
TRAIL AND PEDESTRIAN IMPROVEMENTS PROJECT as shown on Exhibit 5 of the staff report for
full-size Exhibits “A” – “AT”, dated Jan. 21, 2026, on file in the Planning Division and incorporated
herein by reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city’s approval of this Coastal Development Permit
and Habitat Management Plan Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Habitat Management Plan Permit
documents, as necessary to make them internally consistent and in conformity with the final
action on the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development, different from this approval, shall require an amendment to this
approval.
4. This approval shall become null and void if commencement of construction activities has not
begun for this project within 24 months from the date of project approval.
5. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
6. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
7. Developer shall implement, or cause the implementation of, the CDP 2024-0010/HMP 2024-0009
- AVENIDA ENCINAS COASTAL RAIL TRAIL AND PEDESTRIAN IMPROVEMENTS PROJECT
Mitigation Monitoring and Reporting Program as provided in Exhibit 1 Attachment A of the Jan.
21, 2026, staff report.
8. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly,
from (a) city’s approval and issuance of this Coastal Development Permit CDP2024-0010 and
Habitat Management Plan Permit HMP 2024-0009, (b) city’s approval or issuance of any permit
or action, whether discretionary or nondiscretionary, in connection with the use contemplated
herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the city’s approval is not validated.
9. Prior to submittal of the building plans, improvement plans, grading plans, whichever occurs first,
Developer shall submit to the City Planner, a 24" x 36" copy of the improvement plans reflecting
the conditions approved by the final decision-making body. The copy shall be submitted to the
City Planner, reviewed and, if found acceptable, signed by the city's project planner and project
engineer. If no changes were required, the approved exhibits shall fulfill this condition.
10. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 3 and Zone 22 Local Facilities Management Plans and any amendments made to the
plans prior to the commencement of construction activities.
11. Pre-construction Surveys: Before commencement of construction, a qualified biologist will
conduct pre-construction surveys for Crotch’s bumble bee following the guidelines in CDFW
Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee
Species (CDFW 2023). Three surveys, spaced two to four weeks apart, will be conducted during
peak flight season (April through August) during optimal weather conditions (e.g., warm,
sunny days between 65 and 90 degrees Fahrenheit). The pre-construction surveys should be
conducted within one year prior to the initiation of project construction activities (including
removal of vegetation).
If the pre-construction surveys are negative, no further assessment is required, and
construction activities can proceed without any further requirements.
Avoidance: If Crotch’s bumble bee occupied habitat is detected during the pre-construction
surveys, the following avoidance measures will be required:
x Vegetation clearing should occur outside of the peak flight season (April through
August).
x If avoidance of the Colony Active Period is infeasible, the qualified biologist should
identify the location of all nests in or adjacent to the project site. If nests are
identified, 50-foot no-disturbance buffer zones should be established around nests.
x The City should consult with CDFW to determine if a California Endangered Species Act
Incidental Take Permit (ITP) is required.
These avoidance measures are only required if Crotch’s bumble bee remains as a candidate
state endangered species or is listed as a state endangered species at the time of project
construction. If Crotch’s bumble bee is delisted, the measures will not be required.
12. Developer shall screen any retaining walls over six feet in height as viewed from Avenida
Encinas with planting of evergreen trees, shrubs and/or other means (e.g., split face block).
Developer shall provide plans identifying screening proposed for approval by the City Planner
in consultation with other city departments, as appropriate.
13. Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Coastal Development Permit and Habitat Management
Plan Permit on the property. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and all conditions of approval as well as
any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner
has the authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in interest.
Utilities
14. Developer shall agree to design landscape and irrigation improvements utilizing recycled water
as the irrigation water source. As part of the landscape plancheck process, Developer shall
prepare and submit a colored recycled water use map to the Planning Division for processing
and approval by the CMWD District Engineer.
15. Developer shall design and agree to construct public facilities within the public right-of-way.
x Construct an eight-inch diameter recycled water distribution pipeline connected to the
CMWD 18-inch recycled water transmission pipeline with a tee and eight-inch isolation
valve at approximate Station 44+75 (Drawing LI-4.0, Sheet 26 of the approved exhibits).
x Install a recycled water service per CMWD Standard Drawing (W-3 or W-4, as applicable)
connected to the recycled water distribution pipeline at approximate Station 44+75
(Drawing LI-4.0, Sheet 26 of the approved exhibits). The recycled water service(s) and
meter(s) location(s) shall be approved by the District Engineer and be reflected on the
public improvement and irrigation plans.
16. Developer shall agree to construct public improvements in accordance with the Carlsbad
Engineering Standards and to the satisfaction of the District Engineer.
17. Developer shall pay applicable fees and charges for recycled water service in accordance with
the fee schedule in effect at the time of application for a water meter permit.
NOTICE TO DEVELOPER
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
The project site is within the appealable area of the California Coastal Commission. The Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission’s receipt of the
city’s notice of the CDP issuance (“Notice of Final Action”). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on Jan. 21, 2026, by the following vote, to wit:
AYES: Meenes, Hubinger, Foster, Lafferty, Burrows, Fitzgerald.
NAYES: None.
ABSENT: Merz.
ABSTAIN: None.
ROY MEENES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
Assistant Director of Community
Development Department